Editor’s Note: Our June 4 column, “Land Use Attorneys and Strategic Planning Boost Projects’ Chances for Success,” called attention to the potential benefits of bringing legal counsel into the development review and approval process early. Some members of the planning and architectural community took exception to the scope of some statements in that article. In the interest of fair and complete coverage, we asked for and are running the following response from two industry leaders in that segment. (AZBEX, June 4)
The recent article about navigating the complex process and political avenues in municipalities hopefully opened a few eyes on the process. However, the constant theme of “the only way to get a plan approved is to hire a land use attorney” strikes a nerve for firms like mine. This theme, followed by the comment that planning firms and architects are “inherently less adept at understanding the legal, political, departmental and social climates that all come into play for zoning and land use issues,” we find major issue with.
As owners of planning firms, we have successfully rezoned hundreds of cases over 20+ years without being required to hire an attorney to get them through. I have also worked on cases which did involve attorneys where we worked well together. We do, however, also know our limitations, and will turn down a case and suggest an attorney if that’s in the best interest of the client, or we will request the client bring in an attorney if the project requires contracts or development agreements. Each project is unique and the project team should be attuned to the current staff and political climate.
The article failed to mention that with each of the land use law firms mentioned, they employ several great land use planners who are in the background preparing the narratives, exhibits, lobbying neighbors and working hand in hand with department staff. Land Planners are doing the heavy lifting and they are the same ones who had previously worked at cities or for other planning consulting firms learning how to be effective and get the projects effectively through the process.
Land use attorneys often become the face of many projects as they may meet with the elected officials or present at hearings, but they are not the only ones out there that do this and the landowners have several options in order to navigate those processes with or without an attorney.
We don’t suggest that every consultant or firm has the ability to do entitlements successfully, so do your research, ask for references and call to get a feel of how much they actually understand about the processes. Be wary of the realtor, engineer or architect who says they can do it cheaper but has no experience in public meetings. Public speaking and lobbying are important skills, but attorneys are not the only professionals who are proficient in them. We have seen many an attorney crash and burn in front of a hearing body when not prepared or understand the difference between practicing land use law and civil law.
Bottom line, the article speaks a lot of truth, but not when it comes to the blanket statement on the expertise of land planning consultants. We know a lot about everything and have seen it all during our careers, which is why we often get called in for expert testimony and have the relationships we do with staff.
Jessica Sarkissian; Owner; Upfront Planning & Entitlements, LLC
Linda Morales, CEO, The Planning Center